Temporary Injunction

1,006 Florida cases classified under this topic, plus 229 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Masser v. The London Operating Co.
  106 Fla. 474· Fla.· 1932-08-23 ·cited 175×
  Lessees of a Miami Beach hotel sued in equity to enforce landlord's covenant to paint and complete a solarium, and sought to restrain eviction proceedings based on their nonpayment of rent. The court dismissed the suit as lacking equity and ordered money deposited in court to be
• Local 53 OF the Int'l Ass'n OF Heat & Frost Insulators & Asbestos Workers v. Vogler
  407 F.2d 1047· 5th Cir.· 1969-01-15 ·cited 166×
  A temporary injunction prohibiting a union's discriminatory membership and referral practices, including affirmative action to remedy past discrimination, is permissible under Title VII of the Civil Rights Act of 1964.
• Semmes Motors, Inc. v. Ford Motor Co.
  429 F.2d 1197· 2d Cir.· 1970-07-06 ·cited 158×
  The court held that the district court erred in refusing to stay the New York action pending the New Jersey litigation, but affirmed the temporary injunction against termination of the dealership. The court modified the injunction to limit customer contacts.
• N. Fla. Women's Health & Counseling Servs., Inc. v. State
  866 So. 2d 612· Fla.· 2003-07-10 ·cited 148×
  The Florida Supreme Court held that Florida's Parental Notice of Abortion Act unconstitutionally infringes on a minor's right of privacy under the Florida Constitution. The Court applied its controlling precedent from In re T.W. and found that the Act imposes a significant restri
• Curry v. Lehman
  55 Fla. 847· Fla.· 1908-01-01 ·cited 141×·via Application For Temporary Injunction
  This case addresses whether a judgment lien in one county is destroyed when the court records in the county where the judgment was rendered are destroyed by fire, specifically interpreting Florida's 1901 statute on re-establishment of destroyed judgments. The Court held that the
• City OF Jacksonville v. Naegele Outdoor Advertising Co.
  634 So. 2d 750· Fla. 1st DCA· 1994-03-30 ·cited 124×·via Temporary Injunctive Relief
  The City of Jacksonville appeals a temporary injunction granted to outdoor advertising companies challenging a charter amendment and ordinances requiring removal of their signs. The appellate court reverses, holding that the trial court failed to make adequate findings supporting
• Elec. Specialty Co. v. Int'l Controls Corp.
  409 F.2d 937· 2d Cir.· 1969-01-24 ·cited 121×
  The court's majority opinion erred by overturning district court findings of misleading conduct by the defendant's president, Vesco.
• Sec. & Exch. Comm'n v. Frank
  388 F.2d 486· 2d Cir.· 1968-01-22 ·cited 113×
  An attorney may be enjoined from participating in the preparation of misleading offering circulars if the SEC establishes a likelihood of success in proving knowing violations of securities laws.
• Wilson v. Sandstrom
  317 So. 2d 732· Fla.· 1975-07-21 ·cited 102×·via Temporary Mandatory Injunction
  Greyhound kennel owners were incarcerated for civil contempt after refusing to comply with a temporary mandatory injunction requiring them to supply racing greyhounds to a track operator. The Florida Supreme Court upheld the injunction and contempt convictions, holding that a tem
• The Hollywood Beach Hotel Co. v. The City OF Hollywood
  329 So. 2d 10· Fla.· 1976-01-21 ·cited 97×
  Hollywood Beach Hotel Company obtained a zoning change and building permit to develop a 105-acre tract, but the City of Hollywood engaged in prolonged delays and ultimately attempted to rescind the zoning and impose a restrictive density ordinance. The Florida Supreme Court held
• Cordis Corp. v. Prooslin
  482 So. 2d 486· Fla. 3d DCA· 1986-01-21 ·cited 91×
  This case addresses whether an employer seeking to enforce non-competition covenants is entitled to a temporary injunction when the employer has itself breached the employment contract. The court held that an employer's material breach of an employment contract is a relevant fact
• United States v. Theron C. Lynd
  301 F.2d 818· 5th Cir.· 1962-04-10 ·cited 87×
  The appellate court granted a temporary injunction pending appeal, finding the trial court's refusal to grant an injunction was likely an abuse of discretion given the evidence of racial discrimination in voter registration.
• Amendments to the Fla. Fam. Law Rules of Procedure & Fam. Law Forms
  810 So. 2d 1· Fla.· 2000-09-21 ·cited 85×
  The Florida Supreme Court approved amendments to the Florida Family Law Rules of Procedure and Family Law Forms, with particular emphasis on creating separate domestic and repeat violence injunction forms for cases involving and not involving children, adding clarifying language
• Reinhold Constr., Inc. v. City Council FOR the City OF Vero Beach
  429 So. 2d 699· Fla. 4th DCA· 1983-01-26 ·cited 82×·via Temporary Injunction Requirements
• Orlando Orange Groves Co. v. Hale
  107 Fla. 304· Fla.· 1932-11-25 ·cited 81×
  Minority stockholders of Orlando Orange Groves Company sought an injunction against the corporation and its managers for alleged mismanagement, improper fund withdrawals, and asset depletion. The Florida Supreme Court affirmed the lower court's grant of a temporary injunction, ho
• Hiles v. Auto Bahn Fed'n, Inc.
  498 So. 2d 997· Fla. 4th DCA· 1986-12-10 ·cited 79×·via Temporary Mandatory Injunction
  Peter Hiles and Auto Bahn Sales and Leasing, Inc. appealed from an interlocutory order granting a temporary mandatory injunction that prevented disposal of corporate assets. The Fourth District Court of Appeal reversed, holding that the appellees failed to demonstrate the prerequ
• A. & E. Plastik PAK Co., Inc. v. Monsanto Co.
  396 F.2d 710· 9th Cir.· 1968-06-05 ·cited 75×
  The court held that the district court abused its discretion by allowing the arbitration of a crucial factual antitrust issue regarding the existence and extent of proprietary technology, which requires judicial determination.
• Baines v. City OF Danville
  337 F.2d 579· 4th Cir.· 1964-08-10 ·cited 74×
  The court granted petitions for rehearing in two specific cases to consider the effect of newly enacted legislation on the prior disposition.
• Yardley v. Ina Marie Albu
  826 So. 2d 467· Fla. 5th DCA· 2002-09-20 ·cited 72×
  The Yardleys appeal a trial court's temporary injunction favoring their neighbors, the Albus, regarding use of a five-foot easement on the Yardleys' property. The appellate court reversed, holding that the injunction order failed to comply with Florida Rules of Civil Procedure Ru
• Demos v. Walker
  99 Fla. 302· Fla.· 1930-02-08 ·cited 69×
  In this equity case, Demos sought to enjoin the sale of Sarasota County lands under an execution obtained by Mrs. Walker against the judgment debtor Petroutsa. The trial court denied Demos's motions for extension of time to take testimony and for dismissal without prejudice, inst
• State v. Beeler
  530 So. 2d 932· Fla.· 1988-09-22 ·cited 67×·via Temporary Injunction Without Notice
  The Florida Supreme Court quashed a district court's decision that allowed an interlocutory appeal from an order denying a motion to dissolve a temporary injunction issued without notice, holding that such an appeal was permissible.
• Hapney v. Cent. Garage, Inc.
  579 So. 2d 127· Fla. 2d DCA· 1991-02-01 ·cited 66×
  Hapney, a former employee of Gulfcoast Auto, signed a non-compete covenant restricting his work within a three-year period and geographic area. The Florida Second District Court of Appeal reversed the trial court's temporary injunction, holding that an employee covenant not to co
• Dopp v. Franklin Nat'l Bank
  461 F.2d 873· 2d Cir.· 1972-05-30 ·cited 66×
  The court held that the plaintiff failed to demonstrate a likelihood of success on the merits of his securities law claim or irreparable injury, thus the preliminary injunction was improperly granted.
• The Seaboard Oil Co. v. Donovan
  99 Fla. 1296· Fla.· 1930-06-06 ·cited 66×
  Seaboard Oil Company sought an injunction to enforce an exclusive gasoline supply contract against the Donovans, who had ceased purchasing from Seaboard and were selling competing products. The Florida Supreme Court affirmed the denial of the temporary injunction, finding that Se
• Blackhawk Heating & Plumbing Co., Inc. v. Data Lease Fin. Corp.
  328 So. 2d 825· Fla.· 1975-07-17 ·cited 64×
  A trial court violates an appellate mandate by dissolving a temporary injunction and authorizing a stock sale when the mandate directs the court to first determine the rights of parties under an option contract. The trial court must apply established Florida law to determine the
• Viser v. Willard
  60 Fla. 395· Fla.· 1910-06-01 ·cited 64×
  A property owner sought equitable relief, including injunction and damages, for flooding caused by defendants' drainage ditches on adjacent land. The Florida Supreme Court affirmed the trial court's dismissal of the bill of complaint, finding no abuse of discretion in denying the
• Contemporary Interiors, Inc. v. Four Marks, Inc.
  384 So. 2d 734· Fla. 4th DCA· 1980-06-11 ·cited 62×
  Contemporary Interiors appealed a trial court's grant of a temporary injunction that prohibited it from selling flooring in a shopping center. The Fourth District Court of Appeal reversed, finding that the plaintiff failed to prove the necessary elements for obtaining this extrao
• Oxford Int'l Bank & Tr., Ltd. v. Merrill Lynch
  374 So. 2d 54· Fla. 3d DCA· 1979-07-17 ·cited 61×
  The court held that a contingent and disputed claim for money damages is insufficient to establish the clear legal right required for injunctive relief.
• State v. Sullivan
  157 Fla. 496· Fla.· 1946-05-28 ·cited 59×
  The Florida Supreme Court vacated a contempt conviction against attorney Vincent C. Giblin for filing an affidavit containing accusations against a circuit judge. The Court held that while certain statements in the affidavit may have been contemptuous, due process required that G
• Weatherby Assocs., Inc. v. Ballack
  783 So. 2d 1138· Fla. 4th DCA· 2001-03-28 ·cited 54×
  Weatherby Associates sued former employee Ballack and competitors Capital Health and Capital Finance for breach of employment agreement and tortious interference. The trial court awarded attorney's fees under Florida's frivolous litigation statute (§57.105), finding the suit friv
• Hutchins v. Hon. Nathan Mayo
  143 Fla. 707· Fla.· 1940-07-16 ·cited 53×·via Application For Temporary Injunction
  The Florida Supreme Court reviewed by certiorari a lower court's denial of a temporary injunction against enforcement of a 1935 citrus grading law. The Court held that while the statute's delegation of power to the Florida Citrus Commission was constitutionally valid, the Commiss
• Colucci v. EAR Rare Auto. Grp., Inc.
  918 So. 2d 431· Fla. 4th DCA· 2006-01-25 ·cited 52×
  Richard Colucci appeals a preliminary injunction prohibiting him from competing nationwide for five years. The appellate court reversed, holding that Kar Kare Automotive Group failed to establish a legitimate business interest sufficient to support enforcement of the non-compete
• Tamiami Trail Tours, Inc. v. Greyhound Lines, Inc.
  212 So. 2d 365· Fla. 4th DCA· 1968-06-27 ·cited 52×
  Greyhound obtained a temporary injunction preventing competitor Tamiami Trail Tours from operating bus service on the Sunshine State Turnpike. The appellate court reversed, holding that the injunction improperly disturbed the status quo and that Greyhound failed to demonstrate ir
• Ring v. Spina
  166 F.2d 546· 2d Cir.· 1948-03-01 ·cited 51×
  A timely demand for a jury trial in an action under the Sherman Anti-Trust Act entitles the plaintiff to a jury trial for all triable issues, and an order striking the case from the jury calendar is appealable.
• Wolfgang Bellach v. Huggs OF Naples, Inc.
  704 So. 2d 679· Fla. 2d DCA· 1997-12-17 ·cited 49×
  In this appeal, the court reversed a trial court's temporary injunction against a former owner of a retail gift shop for violating a covenant not to compete. The injunction was defective because it failed to include a required bond and lacked necessary findings of fact regarding
• Mora v. Mejias
  206 F.2d 377· 1st Cir.· 1953-07-24 ·cited 48×
  The court held that the district court did not abuse its discretion in denying a temporary injunction because the plaintiff had not shown with reasonable certainty that he would ultimately prevail.
• B. L. E. Realty Corp. v. Mary Williams Co., Inc.
  101 Fla. 254· Fla.· 1931-04-20 ·cited 47×
  The appellate court reversed a lower court's decision to grant a temporary injunction and deny a motion to dissolve it. The court found the underlying creditor's bill lacked equity because the plaintiff had not obtained a judgment at law and the suit did not meet statutory requir
• Walling v. The Christian & Craft Grocery Co.
  41 Fla. 479· Fla.· 1899-06-01 ·cited 47×
  Mrs. R. A. Walling sought to rely on an Alabama decree that made her a free dealer to defend against an equity suit in Florida. The Florida Supreme Court held that a married woman's status acquired under another state's law does not follow her to a new domicile and cannot be used
• State v. Artis
  345 So. 2d 1109· Fla. 4th DCA· 1977-05-20 ·cited 46×
  The Florida Department of Health and Rehabilitative Services appealed a circuit court's grant of a temporary injunction ordering reinstatement of security guards at a state hospital who engaged in a "sick out." The appellate court reversed, holding that the guards had an adequate
• McKELVEY v. McKELVEY
  323 So. 2d 651· Fla. 3d DCA· 1976-01-09 ·cited 46×
  In this family law case, Andrew McKelvey appealed a trial court's finding of personal jurisdiction over him as a non-resident defendant in his wife Elaine's action for a declaratory decree regarding her dower interest in property. The court affirmed, holding that McKelvey's attor
• Carroll v. Am. Fed'n OF Musicians OF the United States & Canada
  295 F.2d 484· 2d Cir.· 1961-10-17 ·cited 46×
  The court held that the denial of a temporary injunction against the collection of a "tax" and a "traveling surcharge" was an abuse of discretion, as these likely violated Section 302 of the Labor Management Relations Act.
• Piedmont Heights Civic Club, Inc. v. Moreland
  637 F.2d 430· 5th Cir.· 1981-02-20 ·cited 45×
  The dissenting judge believes the majority erred in its review standard and in finding that federal defendants complied with NEPA regarding alternatives and project segmentation.
• Westinghouse Elec. Corp. v. Free Sewing Mach. Co. & Apsco Prods., Inc.
  256 F.2d 806· 7th Cir.· 1958-06-23 ·cited 45×
  The court held that the district court did not abuse its discretion in partially denying the motion for a preliminary injunction, as granting the full relief requested would have decided the case on its merits.
• State v. Swope
  159 Fla. 18· Fla.· 1947-05-20 ·cited 45×
  Florida Supreme Court held that the 1945 amendments to the Real Estate Commission statute did not clearly transfer final jurisdictional authority from the Circuit Court to the Commission, despite apparent legislative intent. The Court construed the statute to authorize the Commis
• El Modello Cigar Mfg. Co. v. Gato
  25 Fla. 886· Fla.· 1889-06-01 ·cited 45×
  El Modello Cigar Manufacturing Company appealed a chancery court decision upholding an injunction against their use of similar trade marks to those of Eduardo H. Gato's cigar brand. The Florida Supreme Court affirmed the injunction but reversed the lower court's dismissal of the
• Lieberman v. Marshall
  236 So. 2d 120· Fla.· 1970-05-28 ·cited 44×
  The Florida Supreme Court affirmed a temporary injunction that prohibited SDS members from occupying university buildings without permission, holding that the university had a valid interest in maintaining campus order and that the students' constitutional rights to free speech a
• Bradley v. Health Coal., Inc.
  687 So. 2d 329· Fla. 3d DCA· 1997-02-05 ·cited 43×
  Bradley, a former salesman, appeals a temporary injunction enforcing a noncompetition agreement after he went to work for a competitor. The court reverses the injunction and remands, holding that the trial court erred in refusing to consider Bradley's defenses of employer breach
• 3299 N. Fed. Hwy., Inc. v. Bd. OF Cnty. Comm'rs OF Broward Cnty.
  646 So. 2d 215· Fla. 4th DCA· 1994-09-09 ·cited 43×·via Motion For Temporary Injunction
  Two nude dancing nightclubs and three dancers challenged Broward County's newly adopted Adult Entertainment Code by seeking a temporary injunction to prevent its enforcement. The Fourth District Court of Appeal affirmed the trial court's denial of the injunction, finding that app
• Capraro v. Lanier Bus. Prods., Inc.
  466 So. 2d 212· Fla.· 1985-03-21 ·cited 43×
  The Florida Supreme Court held that irreparable injury is presumed upon proof of breach of a valid covenant not to compete, eliminating the plaintiff's burden to prove irreparable harm as a prerequisite to obtaining a temporary injunction.
• Baxter's Asphalt & Concrete, Inc. v. Liberty Cnty.
  406 So. 2d 461· Fla. 1st DCA· 1981-03-10 ·cited 43×
  Baxter's Asphalt & Concrete appeals the dismissal of its complaint challenging Liberty County's award of a road resurfacing contract to Gulf Asphalt, which submitted a non-conforming bid by failing to bid on one of two required alternative specifications. The court reverses, hold